中华人民共和国民事诉讼法 26

第二节 选民资格案件

Section 2 Cases Concerning the Qualification of Voters

第一百六十四条 公民不服选举委员会对选民资格的申诉所作的处理决定，可以在选举日的五日以前向选区所在地基层人民法院起诉。

"Article 164 If a citizen refuses to accept an election committee's decision on an appeal concerning his voting qualification, he may, five days before the election day, bring a suit in the basic people's court located in the electoral district."

第一百六十五条 人民法院受理选民资格案件后，必须在选举日前审结。

"Article 165 After entertaining a case concerning voting qualification, a people's court must conclude the trial before the election day."

审理时，起诉人、选举委员会的代表和有关公民必须参加。

"The party who brings the suit, the representative of the election committee and other citizens concerned must participate in the proceedings."

人民法院的判决书，应当在选举日前送达选举委员会和起诉人，并通知有关公民。

The written judgment of the people's court shall be served on the election committee and the party who brings the suit before the election day; other citizens concerned shall be notified of the judgment.

第三节 宣告失踪、宣告死亡案件

Section 3 Cases Concerning the Declaration of a Person as Missing or Dead

第一百六十六条 公民下落不明满二年，利害关系人申请宣告其失踪的，向下落不明人住所地基层人民法院提出。

"Article 166 With respect to a citizen whose whereabouts are unknown for two years in full, if the interested party applies for declaring the person as missing, the application shall be filed with the basic people's court in the locality where the missing person has his domicile."

申请书应当写明失踪的事实、时间和请求，并附有公安机关或者其他有关机关关于该公民下落不明的书面证明。

The application shall clearly state the facts and time of the disappearance of the person missing as well as the motion; documentary evidence from a public security organ or other relevant organs concerning the disappearance of the citizen shall be appended to the application.

第一百六十七条 公民下落不明满四年，或者因意外事故下落不明满二年，或者因意外事故下落不明，经有关机关证明该公民不可能生存，利害关系人申请宣告其死亡的，向下落不明人住所地基层人民法院提出。

"Article 167 With respect to a citizen whose whereabouts are unknown for four years in full or whose whereabouts are unknown for two years in full after an accident in which he was involved, or with respect to a citizen whose whereabouts are unknown after such an accident, and, upon proof furnished by the relevant authorities that it is impossible for him to survive, if the interested party applies for declaring such person as dead, the application shall be filed with the basic people's court in the locality where the missing person has his domicile."

申请书应当写明下落不明的事实、时间和请求，并附有公安机关或者其他有关机关关于该公民下落不明的书面证明。

The application shall clearly state the facts and time of the disappearance as well as the motion; documentary evidence from a public security organ or other relevant organs concerning the disappearance of the citizen shall be appended to the application.

第一百六十八条 人民法院受理宣告失踪、宣告死亡案件后，应当发出寻找下落不明人的公告。

"Article 168 After entertaining a case concerning the declaration of a person as missing or dead, the people's court shall issue a public notice in search of the person missing. "

宣告失踪的公告期间为三个月，宣告死亡的公告期间为一年。

"The period of the public notice for declaring a person as missing shall be three months, and that for declaring a person as dead shall be one year. "

因意外事故下落不明，经有关机关证明该公民不可能生存的，宣告死亡的公告期间为三个月。

"Where a citizen's whereabouts are unknown after an accident in which he was involved and, upon proof furnished by the relevant authorities that it is impossible for him to survive, the period of the public notice for proclaiming such person as dead shall be three months."

公告期间届满，人民法院应当根据被宣告失踪、宣告死亡的事实是否得到确认，作出宣告失踪、宣告死亡的判决或者驳回申请的判决。

"On the expiration of the period of the public notice, the people's court shall, depending on whether the fact of the missing or death of the person has been confirmed, make a judgment declaring the person missing or dead or make a judgment rejecting the application."

第一百六十九条 被宣告失踪、宣告死亡的公民重新出现，经本人或者利害关系人申请，人民法院应当作出新判决，撤销原判决。

"Article 169 If a person who has been declared missing or dead by a people's court reappears, the people's court shall, upon the application of that person or of an interested party, make a new judgment and annul the previous one."